Chapter 8 Flashcards
All types of insurance policies typically include a list of provisions. Name 6.
- free-look provision
- entire contract provision
- incontestability provision,
- grace period provision
- reinstatement provision
- misstatement of age or sex provision
what is the purpose of a provision, which vairies in structure but typically is included in all or most insurance policies.
they are designed to protect policy owners and beneficiaries. Insurers generally have the right to include provisions that are more favourable to the policy owner than those required by law
Define the free-look provision, and its purpose
gives a policyowner a stated period of time (usually 10 days) after the policy is delivered (in hand) in which to examine the policy. This allows the owner to to cancel and have full refund. Coverage is available throughout this period or until the policy owner rejects it.
What is the entire contract provision define?
defines the documents that constitute the contract. This limits the terms of the contract to specific written documents.
what would an entire contract provision be used? And how does it vary between a closed and open contract?
helps prevent controversies from developing regarding the terms of the contractual agreement.
- closed: only those terms and conditions that are printed in the contract are part of the contract.
- open: identifies the document are not necessarily attached to contracts. (fraternal insurers and memberships)
what is a declaration of insurability?
a form in which a proposed insured answers specific questions about his medical history.
the entire contact provision usually states 3 regulations, what are they?
- only specific individuals such as certain officers of the insurer can change the contract
- no change is effective unless made in writing.
- no change will be made unless the policy owner agrees to it in writing.
insurance laws in many jurisdictions impose two important loimits on an insurer’s right to avoid an insurance contract on the basis of misrepresentation. What are they?
- only certain misrepresentations (material misrepresentation) give the insurer the right to avoid an insurance contract
- the insurer has only a limited amount of time in which to avoid an insurance contract
what is an incontestability provision?
describes the time limit within which the insurer has the right to avoid the contract on the ground of material misrepresentation in the application.
what is material misrepresentation
a misrepresentation that is relevant to the insurance company’s evaluation of the proposed insured. ITs considered material, if had the truth been known the insurer would not have issued the policy or would have issued on different basis.
what is the incontestability provision, and how is it worded in the states?
the terms usually determine whether the insuere can avoid the contract
- states: policy is incontestable afger it has been in force during the lifetime of the insured for two years from the date the policy was issued.
what is the maximum contestable period permitted by law in most states?
two-year contestable period
what happens after the contestable period has ended? is there an exception to this rule?
the insurer cannot avoid the contract
exception is that an insurer may contest a cpolicy at any time if the application for insurance contained a fraudulent misrepresentation.
what is a fraudulent misrepresentation ?
misreprensentation that was made with the intent to induce the other party to enter into a contract and that did induce the innocent party to enter into the contract.
What is the grace period provision ?
specifies a length of time following each renewal premium due date within which the premium may be paid without loss of coverage?
how long is a typical grace period?
30-31 dats, and the coverage remains in force throughout that period.